Intervention in Lieu of Conviction: ILC

You may have heard of ILC before, but what exactly is it?  ILC is a benefit from the Court that may allow you to completely avoid an adjudication of guilt and therefore avoid a criminal conviction.

Not every crime nor every defendant can receive ILC.  The crime at issue cannot be a Felony of the First, Second, or Third degree nor can it be a crime of violence. 

In addition, drugs, alcohol, or mental illness had to somehow have contributed to the commission of the offense.

If the Court finds you eligible for ILC you will then enter a plea of guilty and waive your speedy trial rights.  This guilty plea will not be filed but held pending your completion of the ILC program. 

The Court will establish an intervention plan and for at least a year you will have to abstain from the usage of drugs and alcohol while participating in treatment & recovery services.  You will be placed under the control of a county probation officer and must submit to random drug testing and any other treatment term imposed. 

If successful in this program you will not have a criminal conviction and will be taken off of supervision.  However, if you do not comply with your ILC terms the Court will file the guilty plea and impose sanctions.

Often, drugs or alcohol can influence individuals to make poor decisions.  If that is the case ILC was designed to offer treatment and services as an alternative to incarceration.  There are other nuances that could potentially affect your ILC eligibility therefore it’s important to discuss the details of your case with an attorney.   

Do I need a Prenuptial Agreement?

A prenuptial agreement (commonly referred to as a “prenup”) is a wise idea on many levels. Having a prenup prepared in contemplation of your marriage could save you thousands of dollars down the road.  In this day and age many individuals are waiting until later in life to get married and consequently a prenup is no longer reserved for the incredibly wealthy. 

Here are some of the more common reasons individuals consider a prenup:  Asset ownership, potential debt accumulation, children from a previous relationship, individuals who have a loved one anticipating elderly care, or even individuals who are pursuing a potentially lucrative degree.

If done correctly a prenuptial agreement will ensure that your wishes are carried out in the event your marriage ends in divorce, dissolution or even death.   However, it is very important to start contemplating it’s terms and reducing them to writing months in advance of the wedding.  This will give you time to ensure your list of assets is comprehensive and will strengthen the validity of the agreement.  An agreement “signed on the church steps” lends itself to the idea that pressure or coercion was used and could potentially render the agreement unenforceable.

Finally, it’s important for both parties to retain separate counsel in order to advise each party while negotiating.  Failure of a client to have representation at the time of the signing could result in the agreement being deemed invalid.  The process is considered too emotional and the terms cannot be changed after the marriage—only destroyed through mutual agreement. Due to this level of permanency it is absolutely necessary that it be signed knowingly& freely by each party.

Call to set up a Consultation and together we can determine whether or not you are a good candidate for a prenuptial agreement.   937 226 1212 

Posted on December 10, 2013 .